Hansard

Amendments 13 and 14 allow local authorities to charge for access to the burial register and to charge for the provision of extracts from the register. That reflects the fact that many local authorities already charge for the provision of such services. Amendment 15 requires a burial authority to retain the burial register indefinitely. Section 14 sets out the details that are to be held in a burial register and the duty on a burial authority to maintain the register. Amendments 26 to 28 update the requirements relating to the burial register and are intended to avoid the problems that have arisen in the past whereby details of the right owner have been lost. Amendment 26 is a minor drafting amendment that is intended to provide consistency of drafting in relation to some of the registered duties. Amendment 27 makes it clear that the register should contain, in addition to the details of whom the right of burial was sold to, the details of the current owner of the right. That will be necessary in situations in which the original owner has died or has sold the right to someone else and may not have informed the burial authority of the change of ownership. The amendment at new subsection (2A) makes it clear that the burial authority is required only to make reasonable efforts to ascertain the contact details of whom the new right-holders are. Amendment 28 puts it beyond doubt that a certified copy of an extract from a burial register can be considered to be sufficient for evidentiary purposes in any court proceedings. Amendments 36 to 38 relate to the requirement on local authorities to prepare and maintain a register of private burials. The overall effect of the amendments is to provide consistency with requirements relating to other registers that are made under the bill. Amendment 36 changes the way in which the duty of a local authority to keep a register of private burials is imposed. It will no longer be imposed under regulations but on the face of the bill. That provides consistency with the requirements for other registers. Amendment 37 gives the label “private burial register” to such registers. Amendment 38, among other things, provides that a copy of an entry in the register is to be regarded as sufficient evidence of the private burial for any court proceedings. The bill will place a duty on burial authorities to create and maintain a register of burials and will create a legal framework for exhumations that do not involve the police or the Crown Office. In order to ensure that burial records are accurate, it is vital that any exhumations are also recorded. Amendment 52 will require burial authorities to create and maintain a register of exhumation. Amendment 64, which replaces section 34, relates to the requirement on burial authorities to prepare and maintain a register of lairs that have been restored to use. The overall effect of the amendment is to provide consistency with the requirements relating to other registers that are made under the bill, both in the drafting of the bill and in its effect. The amendment gives ministers the power to make regulations for the register, including regulations that prescribe the information to be recorded and the form in which it is to be recorded. The amendment requires that the registers be made accessible to the public. Burial authorities may set and charge a fee for doing that. They must provide copies of entries in the register, and they may also charge for doing that. Any copy of an entry in the register is to be regarded as sufficient evidence for any court proceedings. The amendment requires the register to be kept indefinitely. That requirement is consistently set in all registers that are made under the bill. Amendments 77 and 78 allow a cremation authority to charge for access to the cremation register and for the provision of copies of entries in the cremation register. Amendment 79 inserts a provision that requires the cremation register to be kept indefinitely. It is intended that all registers that are covered under the bill should be kept indefinitely. Amendment 128 requires that any information that is required to be kept, and any register that is required to be prepared and maintained under the bill, must be kept in electronic form. Amendments 136 and 138 make changes to the bill’s interpretation section. They are largely consequential on other amendments that are being made to the bill, specifically in the sections that relate to registers and records. Amendment 141 removes the reference to electronic record keeping in section 75. It is a consequence of other amendments. I will ensure that there is an appropriate implementation period, so that anyone who is required to keep information under the bill can ensure that they are able to meet those requirements. I move amendment 13.